Legal Protection For Farmers' Rights And Interests In Rural Homestead Replacement

Homestead replacement is an important policy of the government in rural land in recent years.As a model of land consolidation,it has played an important role in the construction of urbanization and the integration of urban and rural areas under the guidance of the policy of the increase of urban construction land link the decrease of rural construction land.But in the process of homestead replacement,because the system is not perfect,the status of the disadvantaged,lead farmers as the homestead right of use and ownership of the house,in the homestead replacement rights have been infringed a lot.Because of the dual identity of the homestead replacement and the maximization of the self benefit,the government often infringes on the rights and interests of farmers,and the social contradictions caused by it have seriously affected the social harmony and stability.Therefore,the analysis of existing homestead replacement policy and practice analysis,analysis of the factors of farmers damaged combing the homestead replacement rights,and seek the protection for farmers' rights and interests in the homestead replacement,has a very important theoretical and practical significance.In addition to the introduction and conclusion,the content is divided into the following three parts:The first part,the basic situation of rural homestead replacement policy.We first introduce the concept of homestead replacement and the practical significance,followed by combing the homestead replacement policies and the history of the background,again summarize the replacement approach,the homestead in Tianjin City,Jiaxing City,Chongqing City,the three typical domestic.The second part is about the legal rights of farmers in the rural homestead replacement.First of all,it analyzes the legal rights of farmers in the homestead replacement,which is divided into substantive rights and procedural rights.Substantive rights have the right to use homestead,housing ownership,etc.,the right to participate in the program,the right to supervise,the right to relief,etc.Secondly,it analyzes the substantive rights and procedural rights of farmers,and analyzes the causes of the problems.If the homestead rights replaced by state-owned entities,damaged land rights,benefit distribution and unreasonable compensation,procedural rights,analyzes the right of participation,supervision and relief system to protect right.The third part,the legal advice on the protection of the rights and interests of farmers in rural homestead replacement.First of all,this paper describes the basic principles of procedural remedies to achieve substantive relief and procedural justice to ensure substantive justice.Secondly,from the security perspective of procedural justice,legal advice,legal protection is divided into three parts,farmer participation right,legal protection for farmers' right of supervision,legal protection for farmers' right to relief,are put forward countermeasures and suggestions.Finally,put forward some legislative proposals.